I am denied to sign Vatershaft annerkenung and sorgerecht for my unborn baby

Question

I am German and I have Kenyan girlfriend who is heavily pregnant for me and is due mid next month, She is however been living illegally in Germany for 2yrs  and under Deportation for over staying, she came with a valid Au pair visa to Germany . Now I want to sign the Vatershaft annerkenung and sorgerecht for my baby before it's born but the judgment in my town refused for me to sign because she doesn't have an address in Germany, I went to the Rathaus to register that she living with me and I am financially able to take care of her and our baby because I have a stable job  but they also denied her registration on the basis that she had a pending Deportation case with her previous Auslander which we should clear first before they give her a Meldebeschinug, they also took her passport and gave us a temporary paper to use as her ID for the next two months. I still don't understand why they sent us to the previous Auslander yet she doesn't have any registration address with them or any here in Germany because she been living  illegally. Now my question is, how do I go about  the Vatershaft annerkenung because both the three offices Don't want to co operate? She cannot seek Asylum too because of the Deportation notice.  I want to sign it before the baby is born.  Thank you and I **** forward

Answer 1

Hi @Danny2

The situation is complicated and I can only give an initial assessment of it based on what you have written. It is not clear what the temporary paper is but I’m assuming it is to cover the period of Mutterschutz and that your girlfriend is still obliged to leave the country. In this case, she is obliged to live in the area of her previous Ausländerbehörde. She can apply with that Ausländerbehörde to have this obligation changed for humanitarian reasons. The application is called ‘Antrag auf Änderung der Wohnsitzauflage’. You should make this application on the basis of the pregnancy but without the Vaterschaft there is no proof of the family relationship.

It is nevertheless not clear to me why she needs to have a registered address. If she is habitually resident (in German the term is ‘gewöhnlicher Aufenthalt’) in Germany, then the situation is the same as if a homeless German citizen wished to do the Vaterschaftsanerkennung. With the temporary paper she has, she can show she is habitually resident in Germany. The Vaterschaft and Sorgerecht can also be performed by a notary as an alternative. However, while the authorities or a notary can begin the process, they will then likely pause it and inform the Ausländerbehörde. As your girlfriend is obliged to leave the country, the Ausländerbehörde may consider it to be a misuse of the Vaterschaftsanerkennung and require further proof (e.g. DNA tests) before allowing the Vaterschaft procedure to proceed.

Once the child is born, your girlfriend can apply for a residence permit as the mother of a German child but will only get this if the Vaterschaft and Sorgerecht are done by this point. As part of the application procedure, she will likely be told to leave the country and get a visa for family reunification before returning. In the case of people with young children, however, going through the visa process is seen as unreasonable (in German the term is ‘unzumutbar’) and so their application can be processed completely at the Ausländerbehörde.

For her medical care and costs, it is important she is in contact with the Sozialamt in the area she is registered. As a person obliged to leave Germany, she is entitled to the same benefits as asylum seekers. If she needs assistance, it would be a good idea to contact an advisory service for pregnant women (Schwangerenberatungsstelle).

Best,

Éanna